Terms of Service
Welcome to VERYCHAT, a safe and convenient Web3 chatting platform!
Your use of VERYCHAT is subject to the terms of service (hereinafter referred to as the "Terms"). Thank you for reviewing these terms. We hope you enjoy using VERYCHAT.
If you have any questions regarding these terms or wish to notify us, please go to "Friends" -> "Settings" -> "Customer Center" within VERYCHAT or contact us at cs@verychat.io.
Compliance with the Terms
By using VERYCHAT, you agree to be legally bound by the terms of this agreement entered into between you and the entities listed below.
Verychat Inc. 1017, 10F, 116 Teheran-ro, Gangnam-gu, Seoul (06233)
Our company may specify the applicable terms of service for specific VERYCHAT services or features related to your use, which are subject to the terms of service for that specific VERYCHAT service or feature if you have a contract with one of our affiliates. In such cases, the relevant contracting party will be identified in the applicable terms of service for the related VERYCHAT service or feature, and these Terms of Service (including applicable terms for specific services or features) will apply between you and the identified contracting party regarding the use of the related VERYCHAT service or feature.
Terms of Service
For detailed information on how you can and cannot use VERYCHAT, please refer to these Terms and any accompanying policies or guidelines. By using VERYCHAT, you agree to comply with these Terms and must use VERYCHAT only in ways permitted by the relevant laws and regulations of your jurisdiction. Some countries may have restrictions on the use of VERYCHAT. It is your responsibility to ensure the lawful use of VERYCHAT in your location, and certain VERYCHAT features may not be available in some countries.
By using VERYCHAT, you agree to these Terms. If you do not agree to these Terms, please do not use VERYCHAT.
Other General Terms Related to These Terms
If you are under 13 years of age (or the legal minimum age in your jurisdiction), you may not use VERYCHAT for any purpose without first obtaining the consent of a parent or guardian (on behalf of yourself and on behalf of them).
If you are using VERYCHAT on behalf of a company, association, partnership, government, or other organization ("Organization"), you represent that you have the authority to bind your Organization to these Terms legally. In such cases, "you" includes your Organization.
We may translate these Terms into multiple languages. In the event of any inconsistency between the English version of these Terms and versions in other languages, the English version shall prevail (to the extent permitted by applicable laws and regulations).
Additional Terms and Policies
There are various services and features available within or through VERYCHAT, some of which may not be operated by us. When you use some or all of VERYCHAT, additional terms and policies ("Additional Terms") may apply. For services and features operated by us, we will notify you of any additional usage terms within VERYCHAT from time to time, as described in this section. These Additional Terms are incorporated into and form part of these Terms.
VERYCHAT Policies
The following policies are additional terms that you must adhere to when using VERYCHAT:
VERYCHAT Privacy Policy – Describes how we collect, store, and use your personal information.
VERYCHAT Acceptable Use Policy – Sets out the rules for proper conduct when using VERYCHAT.
Terms for Specific VERYCHAT Features
Some services and features provided within or through VERYCHAT may have additional terms that apply to their use. You must comply with these additional terms (as well as these Terms) when using these services and features. The specific additional terms for such services are as follows:
Wepin – The use of Wepin Wallet, a Non-Custodial Wallet included within VERYCHAT, is subject to the Wepin Terms of Service.
Country-Specific Additional Terms
If you are a citizen or resident of the following countries, the following country-specific additional terms apply to your use of VERYCHAT:
United States.
Australia.
United Kingdom / European Union.
Singapore.
Inconsistencies
Except as otherwise specified in the following paragraph and these Terms or any other additional terms, if there is a conflict between the additional terms and these Terms, the relevant additional terms shall apply within the scope of such conflict.
Changes
We may change these Terms (and applicable additional terms) over time (e.g., for technical improvements and changes to VERYCHAT (e.g., addressing security threats) or to reflect applicable laws and regulations (e.g., reflecting applicable consumer rights). Please revisit these Terms periodically for review.
If we determine that such changes are significant, we will (where reasonably practicable) notify you of such changes before they take effect (via this page, relevant pages of additional terms or policies, the VERYCHAT app, direct communication with you, or other means). By continuing to use VERYCHAT after we have modified these Terms, you agree to be bound by the revised terms.
VERYCHAT Changes
Because VERYCHAT and user environments are constantly evolving, we may, from time to time, add, modify, or remove features or services on VERYCHAT (including whether features or services are free) and/or temporarily suspend, discontinue, or terminate VERYCHAT.
You agree that we may take such actions at any time. If we determine that changes to VERYCHAT or services or features accessible within VERYCHAT are reasonably significant, we will (where reasonably practicable) notify you of such changes before they take effect (via http://www.verychat.io, direct communication with you, this page, relevant pages of additional terms or policies, or other means).
Your Account
To access and use VERYCHAT, you must create an account. Any account you create with us is personal to you, and you may not transfer, lease, assign, or permit others to access or use your account. The account name, user ID, and any other identifiers you adopt on VERYCHAT are our property, and we may deactivate, reclaim, and reuse them if your account is terminated or deactivated for any reason attributable to us or you.
You are responsible for (a) protecting your account details, including passwords used to access your account and VERYCHAT, and (b) all activities that occur under your account, including any purchases and/or payment obligations arising from your account. If you know or suspect that there has been an issue with your password or account, you must promptly notify us within VERYCHAT by going to "Friends" -> "Settings" -> "Customer Center" or by contacting us at cs@verychat.io. Except where valid notice of an issue with your account or password has been received by us, we will consider all actions taken under your account in VERYCHAT to be taken by you.
We may allow you to register for and log in to VERYCHAT using login features provided by third-party platforms such as Google or Apple. By using these features, you agree to comply with the relevant terms of use of the third-party platform governing the use of such features (including these Terms).
Subscriptions and Content Purchases
There may be occasions within certain products or services on VERYCHAT where fees are incurred, sometimes requiring payment (including fees for the provision of VERYCHAT or certain additional features within VERYCHAT). We may specify additional terms that apply to such payments (including, where applicable, refund policies, billing agreements, and consequences of timely payment failures). You must comply with all such terms in relation to the fees you pay to us for such products or services. You agree to be solely responsible for all fees and taxes associated with such payments, and you agree that prices and availability of items and products may change at any time. If automatic billing, recurring billing, or subscription-based billing applies to such products or services, you agree to the following (where applicable under applicable laws and regulations):
You agree that such purchases or payments are generally made by you in advance. Except for subscription-based purchases, we will notify you before automatic renewal.
You grant us the right to store your chosen payment method information (e.g., credit card information) in our systems and to bill you using the chosen payment method at the appropriate intervals you select or notify us of.
If a payment via your chosen payment method is declined, rejected, or returned for any reason, (a) we may withhold or suspend the provision of the relevant VERYCHAT product or service until payment is properly processed, and (b) you are responsible to us for any fees, charges, expenses, or other amounts arising from such rejection, refusal, or return (and we may automatically bill you for such amounts).
We will provide additional instructions on how to update or cancel the relevant payment method within VERYCHAT.
We reserve the right to change the fees charged for VERYCHAT (or parts of VERYCHAT) as announced within VERYCHAT, immediately. If you do not agree to such fee changes, we may not be able to provide VERYCHAT (or the relevant parts of VERYCHAT) to you.
Except as otherwise provided by mandatory laws and regulations or as otherwise specified by us in relation to certain items or services within VERYCHAT, we will not refund any amounts you have paid to us in respect of any items or services within VERYCHAT (regardless of your usage).
If you believe you have been incorrectly billed by us, subject to applicable laws and regulations, (a) you must contact us within 30 days from the relevant billing date, and (b) incorrectly billed fees will not be refunded after the expiration of the 30-day period. We may use third-party services to process your payments within VERYCHAT and may provide your relevant information to such third parties for payment processing. You agree to comply with the terms of use of such third-party payment processing services as specified by the relevant third party in relation to payment processing services, as set out in the "Third-Party Content and Services" section below.
Your Content
When you submit, upload, transmit, or display data, information, media, or other content ("Your Content") in connection with your use of VERYCHAT, you understand and agree to the following:
You continue to own and are responsible for Your Content.
We do not sell Your Content to third parties.
You grant us and our affiliates a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use Your Content (without any fees or charges payable by us to you) for the purpose of providing, promoting, developing, and improving our services, including VERYCHAT, as well as any other services we may offer in the future. All such use is subject to our VERYCHAT Privacy Policy, especially if Your Content contains personal information. As part of this license, we and our affiliates may copy, reproduce, host, store, process, apply, modify, translate, perform, distribute, and publish Your Content globally across all media and distribution methods, including future media and distribution methods developed in accordance with the VERYCHAT Privacy Policy.
You grant other VERYCHAT users a non-exclusive license to access and use Your Content within VERYCHAT, subject to these Terms and the features of VERYCHAT.
We may share Your Content with third parties with whom we cooperate to provide, promote, develop, and improve VERYCHAT, in accordance with our VERYCHAT Privacy Policy.
We may use the name you provide when submitting Your Content (which may include your account name, real name, etc.) in connection with Your Content.
You must comply with these Terms, including our VERYCHAT Acceptable Use Policy, when submitting Your Content.
Additionally, you agree that we and our affiliates may (in accordance with these Terms, our VERYCHAT Privacy Policy, and applicable laws and regulations):
Maintain and continue to use Your Content even after you have discontinued your use of VERYCHAT.
Preserve or disclose Your Content for reasons including (a) compliance with applicable laws or regulations, (b) compliance with court orders, subpoenas, or other legal processes, (c) responding to legitimate requests from governmental authorities, judicial bodies, or similar agencies, (d) when reasonably necessary to comply with applicable laws or regulations, including orders, requests, and other legal processes issued or conducted pursuant to mutual legal assistance treaties or similar legal mechanisms (if applicable). To learn more about how we preserve or disclose Your Content, refer to our Law Enforcement Data Request Guidelines and Government Request Policy.
Hold or disclose Your Content to enforce these Terms or to promote the rights, property, or safety of us, our affiliates, or other users of VERYCHAT.
You understand that despite your attempts to delete your content from VERYCHAT, it may take time or may be impossible due to technical and administrative issues. For example, we cannot prevent third parties from storing or using the content you have made public through VERYCHAT. Detailed information about your rights regarding your content is specified in our VERYCHAT Privacy Policy.
We reserve the right, at our discretion and as required or permitted by applicable laws and regulations, copyright policies, and VERYCHAT Acceptable Use Policy, to block or remove your content for any reason. We also reserve the right to determine the visibility, status, or ranking of your content on VERYCHAT.
Responsibility for Your Content
You are solely responsible for your content. We are not responsible for maintaining backups of your content. We always recommend keeping backup copies.
You must always ensure the following:
(a) You have the necessary rights to copy, process, transmit, access, publish, display, and use your content, and you can grant such rights to us and other third parties as specified in these Terms.
(b) Your content (and our use of your content according to these Terms) does not infringe or violate applicable laws or regulations or the rights of individuals.
Infringement of Rights
We comply with the provisions of the Digital Millennium Copyright Act (17 U.S.C. §512, as amended), applicable to Internet service providers.
Third-Party Content and Services
When using VERYCHAT, you may access content from various sources, including content posted by other VERYCHAT users, content provided by third parties, and advertisements containing such content, among others (collectively referred to as "third-party content").
All third-party content must comply with our policies and applicable laws and regulations. If we receive complaints regarding third-party content or become aware of such complaints, we may review the content. We may take actions to ensure that such content complies with our policies, and if deemed to violate our policies, we reserve the right to remove or refuse to provide such content or links associated with it. Violations of our policies may include allegations of intellectual property infringement, obscenity, defamation, or abuse, or any infringement of rights, or posing a risk to the security or performance of VERYCHAT.
Please exercise caution when accessing, using, or consuming third-party content. As we cannot review all third-party content before it is posted, if you encounter inaccurate, misleading, defamatory, offensive, or unlawful third-party content, please notify us immediately. Please note that all information or content accessible through VERYCHAT, including third-party content not posted by you, may be owned by third parties, and accessing such content on VERYCHAT does not grant you any rights to it. Always respect the rights of others when using VERYCHAT. If you intend to use content in a specific way, always seek permission from the content's rights holder.
We reserve the right, at our discretion and without prior notice to you, to remove any content, programs, and/or services available within VERYCHAT (including connected platforms or services) in accordance with these Terms.
VERYCHAT Advertising Content
VERYCHAT may include advertising or commercial content. You agree that (a) we may integrate, display, and otherwise deliver advertising or commercial content on VERYCHAT, and (where reasonably feasible) identify such advertising or commercial content, and (b) you consent to our use of personalized advertising to provide you with more relevant and valuable advertisements as detailed in our VERYCHAT Privacy Policy.
Our Intellectual Property
All intellectual property rights in VERYCHAT and all VERYCHAT software (including future updates, upgrades, and all new versions of such VERYCHAT software) belong to us and our licensors. Except as expressly provided in these terms, you have no right to use our intellectual property, including our trademarks or product names, logos, domain names, or other distinctive brand features, without our prior written consent. Any feedback or suggestions you may provide regarding VERYCHAT are entirely voluntary, and we may use such feedback and suggestions at our discretion without any obligation to compensate you or others, including using such feedback to improve existing services or create new ones.
We may from time to time, in accordance with other guidelines we provide to you and as part of your use of VERYCHAT ("VERYCHAT Software"), provide you with limited, personal, non-exclusive, non-transferable, revocable rights to use VERYCHAT and associated VERYCHAT and our software, solely and exclusively as permitted by this Agreement and other instructions we provide to you in connection with your use of VERYCHAT and our software. This Agreement may be supplemented by terms of use applicable to VERYCHAT Software (or specific features within VERYCHAT Software).
You are not allowed to copy, modify, create derivative works of, reverse engineer, or extract the source code of VERYCHAT software unless permitted by applicable law or regulation or with our written consent. You may not sell, distribute, redistribute, or sublicense VERYCHAT or VERYCHAT software unless permitted by applicable law or regulation. If you have the right to decompile or extract source code from VERYCHAT software under applicable law or regulation, you must first contact us to request necessary information.
We may provide updates to VERYCHAT software from time to time. These updates may be performed automatically or manually. Failure to install upgrades or new versions may result in VERYCHAT software not functioning properly or at all. We do not warrant that we will provide updates to VERYCHAT software or that updates will continue to support your device or system. All updates to VERYCHAT software are part of VERYCHAT software and are subject to these terms unless expressly stated otherwise by us.
For the purposes of this Agreement, "VERYCHAT software" includes all items, content, or features within VERYCHAT software (e.g., Wipin wallet or other downloadable items within VERYCHAT) and any content you access or use within VERYCHAT. You must comply with additional terms applicable to such items. We will notify you of such additional terms within VERYCHAT, as an appendix to this Agreement, and/or in another manner. We may, from time to time, grant you limited rights to use such items when you make payment with "real currency." You acknowledge that you do not own such items and that amounts associated with such items are not related to real currency or equivalent credit balances. We reserve the right to remove such items from VERYCHAT at any time, and we shall have no liability to you for exercising such rights.
For the purposes of this Agreement, "VERYCHAT software" also includes any APIs we provide to you to enable you to use VERYCHAT or VERYCHAT software. You must comply with additional terms applicable to such APIs.
We may, at our discretion, provide technical support for VERYCHAT (free or paid). We provide technical support without any kind of warranty or guarantee and always subject to this Agreement.
Open Source Software
Certain VERYCHAT software may include software subject to an "open source" license ("Open Source Software"). If we use such Open Source Software, please be aware of the following:
There may be provisions in the license of such Open Source Software that explicitly take precedence over this Agreement, and in such cases, those provisions will apply in situations where they conflict with this Agreement.
We acknowledge the relevant Open Source Software used in VERYCHAT software within the appendices of this Agreement and/or within the relevant VERYCHAT software.
Your Device Usage by VERYCHAT
To provide you with VERYCHAT, we may need virtual access and/or usage of the device (e.g., mobile phone, tablet, or desktop computer) you use to access VERYCHAT. For example, we may need to use the processor and storage of your device to complete the installation of relevant VERYCHAT software or access your contact list to provide certain interactive features within VERYCHAT.
We provide detailed information on how VERYCHAT uses and accesses your device within VERYCHAT or in other ways (e.g., through the relevant app store as part of the VERYCHAT installation process). You agree to grant us access and usage permissions to your device, and acknowledge that if you do not provide us with such permissions, we may not be able to provide you with VERYCHAT (or certain features within VERYCHAT).
Any personal information within the device that we use or access (as defined in the VERYCHAT Privacy Policy) will be processed in accordance with this Agreement, including our VERYCHAT Privacy Policy.
You may need an appropriate internet connection to authenticate your VERYCHAT account or to use VERYCHAT. Additionally, you may need to activate specific features within VERYCHAT as described within VERYCHAT. Failure to comply with these requirements may result in the inability to use certain features within VERYCHAT.
We are not responsible for any third-party charges incurred as a result of your use of VERYCHAT or VERYCHAT software, including charges from internet and communication service providers.
Third-Party Software and Connectivity
You are solely responsible for any software you use (whether owned by you or supplied by third parties) in connection with your use of VERYCHAT, including any third-party software or devices provided to you through VERYCHAT, such as bot Programs available through VERYCHAT.
We do not assume any responsibility or obligation for any damages or losses resulting from your use of third-party software, and we do not endorse, support, or warrant the quality, reliability, or suitability of third-party software. You must comply with all terms of use applicable to third-party software.
We do not provide any technical support for any third-party software. Please contact the provider of such third-party for any technical support.
You need an appropriate internet connection to authenticate your VERYCHAT account or to use VERYCHAT. Additionally, you may need to activate specific features within VERYCHAT as described within VERYCHAT. Failure to comply with these requirements may result in the inability to use certain features within VERYCHAT.
We are not responsible for any third-party charges incurred as a result of your use of VERYCHAT or VERYCHAT software, including charges from internet and communication service providers.
Warranty and Disclaimer Clause
We warrant to provide VERYCHAT to you with reasonable care and skill.
In addition to this warranty, to the extent permitted by applicable law and regulation, VERYCHAT (including VERYCHAT software) is provided on an "as is" and "as available" basis, and we or our affiliates make no representations or warranties or agreements regarding VERYCHAT, any VERYCHAT software, or any data, media, or other content submitted, transmitted, or displayed on VERYCHAT. This includes, but is not limited to, the following: (A) no representation or warranty that VERYCHAT or VERYCHAT software will not be interrupted, secure, error-free, or free of viruses, (B) no representation or warranty that VERYCHAT or VERYCHAT software will be compatible with your device, and (C) no representation or warranty that VERYCHAT or VERYCHAT software will be of merchantable quality or fit for a particular purpose or that they will not infringe upon the intellectual property rights of others. To the extent permitted by applicable law and regulation, you waive all rights to any implied representations, warranties, and agreements.
Responsibility of VERYCHAT
To the extent permitted by applicable law and regulation, in any circumstances arising out of or related to this Agreement or VERYCHAT (including VERYCHAT software), the total liability of us and our affiliates for any claims shall be limited to (A) the amount you paid us for the use of VERYCHAT (if applicable within the six months immediately preceding the date of the most recent claim related to the service) and (B) USD 100 (one hundred US dollars), whichever is greater. To the extent permitted by applicable law and regulation, in no event shall we or our affiliates be liable for the following:
Losses or damages arising from the following causes related to this Agreement or VERYCHAT or VERYCHAT software: (A) natural disasters such as floods, earthquakes, epidemics, or pandemics, (B) social events such as wars, riots, or government actions, (C) computer viruses, trojan horses, or other damages caused by malware or hackers, (D) malfunctions or failures of our or users' software, systems, hardware, or connectivity features, (E) improper or unauthorized use of VERYCHAT or VERYCHAT software, (F) your violation of this Agreement by using VERYCHAT or VERYCHAT software, (G) reasons beyond our reasonable control or predictability, or (H) failure to store or back up data or other content.
Losses arising from any content, programs, or services provided by someone other than us (or our affiliates).
Any damages or losses that are unforeseeable, indirect, special, consequential, exemplary, or punitive, rather than direct. Losses or damages that were foreseeable or known to both us and you at the time of contract formation.
Any:
Inability to use,
Business interruption or disruption,
Loss of revenue,
Loss of profits,
Loss of goodwill,
Loss or destruction of content or data.
No provision of this Agreement shall limit or exclude any liability for the following, except to the extent that such liability may be relieved, limited, or excluded under applicable law and regulations:
Responsibility for fraud.
Responsibility for death or personal injury caused by negligence.
Responsibility for gross negligence or intentional misconduct.
Any other liability that cannot be relieved, limited, or excluded within the scope permitted by applicable law and regulations.
Notwithstanding any other provision of this Agreement, no provision of this Agreement shall limit or exclude your legal rights (including rights under applicable consumer protection regulations) in your jurisdiction, unless such legal rights are excluded or waived in accordance with applicable law and regulations.
You agree to indemnify us and our affiliates from any claims, lawsuits, actions, demands, damages, liabilities, losses, costs, expenses (including litigation costs and attorney fees), and liabilities arising for the following reasons: (A) your use of VERYCHAT or VERYCHAT software or (B) your violation of this Agreement.
No Responsibility for Third Parties
As stated in the "Third-Party Content and Services" and "Third-Party Software" sections of this Agreement, various third parties may provide specific content, services, or software within VERYCHAT.
This Agreement applies to the relationship between you and us (and, where applicable, our affiliates). Any transactions you have with third parties (whether found or promoted through VERYCHAT, accessed via hyperlinks, or otherwise) are solely between you and the respective third party. In accordance with applicable mandatory laws and regulations, we and our affiliates assume no responsibility for you in relation to any third parties (including content, services, or software provided by third parties within VERYCHAT), even if agreements between you and such third parties are made through VERYCHAT.
Termination
This Agreement applies to your use of VERYCHAT until either you or we terminate your access to VERYCHAT.
You may terminate your use of the services accessible through VERYCHAT at any time (including if we notify you of any future changes to VERYCHAT or this Agreement that you do not agree to). If the terminated service is a paid service, we may deduct a reasonable proportion of the fees from the refund for costs incurred by us due to the termination of the relevant service.
We may suspend or terminate your access to your account or all or part of VERYCHAT in the following circumstances:
During maintenance or support of VERYCHAT by us.
If we are changing VERYCHAT as notified to you.
If we reasonably determine that you have violated this Agreement.
If your use of VERYCHAT poses a risk to us or other users of VERYCHAT or may result in claims against us by third parties or damage to our reputation.
If you have not used VERYCHAT for an extended period.
If such suspension or termination is necessary due to applicable laws.
For any other reason at our sole and absolute discretion within the limits permitted by applicable laws and regulations.
Furthermore, if reasonably practicable, we will provide you with prior notice of any temporary suspension or termination.
If we temporarily suspend your access to all or part of VERYCHAT, within the limits permitted by applicable laws or regulations in your jurisdiction:
(a) You are responsible for all fees incurred up to the date of suspension (including if fees were incurred before the date of suspension but performance of the relevant obligations occurs after the date of suspension), and
(b) You are liable for any fees applicable to any portions of VERYCHAT that remain accessible.
If you or we terminate your access to VERYCHAT (in whole or in part), you agree that:
(a) All your rights under this Agreement are terminated,
(b) You are responsible for all fees incurred up to the termination date (including if fees were incurred before the termination date but performance of the relevant obligations occurs after the termination date), and
(c) You will immediately and permanently delete all copies of VERYCHAT software associated with the termination and cease all access and use of such VERYCHAT software.
Retention and Backup of Your Content
After termination of this Agreement, we will retain and use your content only in accordance with this Agreement and the VERYCHAT Privacy Policy if your content contains personal information. Notwithstanding the VERYCHAT Privacy Policy and applicable laws and regulations in your jurisdiction regarding the temporary suspension or termination of all or part of VERYCHAT by us or termination of your access to VERYCHAT by you, we do not guarantee to return your content to you, and we may permanently delete your content at any time after termination without prior notice. Please ensure to regularly back up your content.
General
This Agreement constitutes the entire agreement between you and us with respect to VERYCHAT, as governed by the applicable laws and regulations in your jurisdiction. You agree not to make any claims against us for any statements not explicitly specified in this Agreement. The words "include" and "including" shall be interpreted without limitation. The invalidity of any provision (or part of a provision) of this Agreement shall not affect the validity or enforceability of any other provision (or the remainder of the provision). If a court determines that we cannot enforce any part of this Agreement as drafted, we may replace that part of the Agreement with terms that are enforceable to the extent permitted by applicable laws and regulations, without altering the remaining terms of this Agreement. The delay in enforcing any provision of this Agreement shall not be construed as a waiver of any rights under that provision. All rights and obligations under this Agreement, including those of each party's liability or any disclaimer provided by each party (if any), which by their nature should survive, will survive termination or expiration of this Agreement.
No person other than you and us shall have the right to enforce this Agreement under the Singapore Contracts (Rights of Third Parties) Act (Cap. 53B, 2001) or otherwise, and you may not delegate, assign, or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may freely assign or transfer all or any part of this Agreement or our rights and obligations under this Agreement without your prior consent or notice to you. We may subcontract any part of the performance of this Agreement at any time without your prior consent or notice to you.
Governing Law and Dispute Resolution
(a) Except as otherwise provided in any additional terms applicable to VERYCHAT that are integrated into this Agreement or (b) unless otherwise required by the applicable laws and regulations in your jurisdiction (e.g., you may have legal rights in your jurisdiction, including the right to bring or defend claims in local courts, including small claims courts):
All disputes or claims arising out of or in connection with this Agreement or its subject matter (whether contractual, tortious, or otherwise), including disputes regarding the existence, validity, interpretation, performance, breach, or termination of this Agreement, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force at the time the arbitration notice is submitted. The place of arbitration shall be Singapore. The arbitration shall be conducted in the English language. The arbitration tribunal shall consist of one arbitrator.
VERYCHAT Service Terms (U.S. Specific Terms)
If you are a user of VERYCHAT in the United States, the following additional terms apply: (a) they are integrated into this Agreement; (b) they apply to your use of VERYCHAT; and (c) they prevail over the primary terms of this Agreement in case of any inconsistency.
If you are a user of VERYCHAT in the United States, the following terms explicitly replace the "Governing Law and Dispute Resolution" provision of this Agreement:
If you reside in the United States (or if your principal place of business is in the United States), except where federal arbitration law applies, the laws of the state where you reside shall govern all claims, without regard to principles of conflict of laws. You and the Company agree that all disputes arising out of or relating to the terms of this Agreement or its subject matter (whether contractual, tortious, or otherwise) will be subject to the exclusive jurisdiction and venue of the courts located in California or federal courts located in California (excluding arbitration).
Each party hereby finally waives, to the fullest extent permitted by law, any right to a trial by jury or to participate in a class action or class arbitration in any legal suit arising out of or relating to this Agreement or the transactions contemplated hereby.
In the event of a dispute, you and the Company agree to make efforts to resolve the matter informally for a period of 60 days. If you and the Company cannot resolve the matter informally within 60 days, you and the Company agree to submit to binding individual arbitration under the Federal Arbitration Act ("FAA") administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (the arbitration shall be conducted by a single neutral arbitrator). You agree not to file a lawsuit in court before a judge or jury. Instead, any disputes will be decided by a neutral arbitrator, and the arbitrator's decision will be final except for limited appellate rights under the FAA. Class actions, class arbitrations, private attorney general actions, and other proceedings where someone acts in a representative capacity are not allowed, and no such proceedings shall be consolidated without the consent of all parties. This Agreement is subject to the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable. You and the Company must commence arbitration within one year from the date when the claim or dispute first arose. If the waiver of the right to participate in class actions is found to be illegal or unenforceable with respect to any dispute, then the remainder of this provision shall be null and void and shall not affect the validity and enforceability of the remaining provisions.
If you are a resident of California (to the extent not prohibited by applicable law), you hereby expressly waive the provisions of Section 1542 of the California Civil Code and any similar provision in any other jurisdiction. "General Release" shall not apply to claims that the releasing party or releasing person does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her agreement with the released party or released person.
VERYCHAT Service Terms (Australia Specific Terms)
If you are a user of VERYCHAT in Australia, the following additional terms apply: (a) they are integrated into this Agreement; (b) they apply to your use of VERYCHAT; and (c) they prevail over the primary terms of this Agreement in case of any inconsistency.
Any express or implied warranties, guarantees, representations, or other terms that are not expressly included in this Agreement, or which are not contained in this Agreement, are excluded to the fullest extent permitted by applicable law and regulation.
No provision of this Agreement shall exclude, limit, or modify any implied warranty, guarantee, term, right, or remedy that cannot be lawfully excluded, limited, or modified under applicable law and regulation.
In the case of non-excludable provisions ("non-excludable provisions") where warranties, conditions, guarantees, or terms are implied or imposed by applicable law and regulation and cannot be excluded, the Company may limit your remedies for breach of those non-excludable provisions. The Company's liability for breach of any non-excludable provision is limited, at the Company's option, to one or more of the following:
for goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
for services, the resupply of the services or the payment of the cost of resupplying the services.
VERYCHAT Service Terms (UK and European Union Specific Terms)
If you are a user of VERYCHAT in the UK or the European Union, the following additional terms apply: (a) they are integrated into this Agreement; (b) they apply to your use of VERYCHAT; and (c) they prevail over the primary terms of this Agreement in case of any inconsistency.
Refunds:
If you purchase and pay for VERYCHAT products or services provided by the Company (not a third party), you may receive a refund for such purchase if you request a refund from the Company within 14 days from the date of completing the purchase. If you have already used part of the relevant product or service, you may only receive a refund for the unused portion. Please note that once you download or stream a product, you acknowledge that you cannot receive a refund for that purchase.
The Company will provide additional information regarding how to submit a refund request and related VERYCHAT services and applicable additional terms.
Dispute Resolution – Applicable to the European Union Only:
Despite the "Governing Law and Dispute Resolution" section of this Agreement, if you reside in the European Union and are defined as a "consumer" under EU Directive (83/2011/EU), any dispute, controversy, or claim between you and the Company arising from or related to this Agreement, regardless of whether it arises from a contract, tort, or other legal theory, shall be adjudicated and finally resolved by the courts of your habitual residence or domicile. Additionally, you may also file a complaint with the online platform for alternative dispute resolution (ODR platform). You can find the ODR platform through the following link: https://ec.europa.eu/consumers/odr.
Loss or Damage:
If the VERYCHAT services or features provided by the Company cause damage to your device or digital content, and this issue arises due to the Company's failure to exercise reasonable care and skill, the Company will either restore the damage or provide reasonable compensation for such damage. However, the Company shall not be liable for any loss or damage incurred by you that could have been avoided if you had followed the Company's advice to apply free updates, or if you incurred damage due to your failure to follow installation instructions or meet the minimum system requirements recommended by the Company. The Company only supports services or features available through VERYCHAT for domestic and personal use. If you use VERYCHAT or its services or features for commercial or business purposes, the Company shall not be liable to you for any loss of profits, business interruption, or loss of business opportunities.
VERYCHAT Service Terms (Singapore Related Terms)
Unless otherwise specified by you or not otherwise described in our Privacy Policy, the Company will use your information for the following purposes only:
Establishing requirements related to network operation or network maintenance for all services provided by the Company, excluding commercial activities such as business, market research, or product research or development.
Facilitating mutual interconnection and interoperability between the Company and other communication licensees for service provision.
Providing support to law enforcement agencies, judicial authorities, or other government agencies.
Complying with all regulatory requirements imposed by the Infocomm Media Development Authority approving the use of your information (e.g., providing directory assistance services).
Managing defective liabilities related to service provision and preventing fraud.
Providing mobile roaming-related information to inbound mobile roaming customers within Singapore.
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